Religion at Work and Requests for Accommodation

Shatkin, Shifflett, Maples and Knight worked together as administrative assistants. Shatkin, Shifflett and Maples didn’t  get along with Knight. These three employees had strong religious beliefs and decided to seek a higher power’s help in dealing with Knight. After the workday had ended and Knight had left for the day, Shatkin, Shifflett and Maples gathered at Knight’s cubicle. Shatkin rubbed olive oil on the metal doorway of the cubicle to invoke the presence of the Holy Spirit. Shifflett began chanting to remove the demons that possessed Knight. Maples offered an amen.

A supervisor noticed the oil and launched an investigation. Maples came forward and told the supervisor what had happened. Shatkin and Shifflett were fired for conduct unbecoming a staff member, harassment of a co-worker, and disregard for the employer’s property. Maples was apparently spared because he had come forward. Shortly after the firing, Shatkin asked for her job back and a religious accommodation: “be allowed to engage in brief prayer during non-work time.” It was denied. Shatkin and Shifflett filed suit claiming religious discrimination. The employer requested that the case be dismissed without a trial.

In denying the request, the U.S. District Court for the Northern District of Texas found that the employer’s reasons for discharge were problematic and ordered that the case proceed to trial. The oil didn’t damage employer property —  the cubicle. The employer’s own policy said ”an argument for or against the substance of any . . . religious idea is not verbal harassment even if some listeners are offended,” making another reason for the discharge seem inconsitent with workplace policy. Finally, the employer had based its denial of a reasonable accommodation on the type of ritual involved, instead of on whether a reasonable accommodation could be made without causing undue hardship.

Requests for religious accommodations are complicated. Most employers aren’t used to dealing with them. Deal with them only after obtaining legal advice.